When Can a Person Be Charged With Identity Theft in Wisconsin?

 Posted on April 09, 2026 in Theft

Identity theft involves a person using someone else's personal information to gain access to financial accounts, take out loans, or purchase items without permission. People who are accused of identity theft can face severe penalties if they are found guilty. However, not every case of alleged identity theft is the same, and it is important to understand the different scenarios in which a person can be charged with this crime. It’s the first step in addressing the charges.

At Bucher, Wolff & Sonderhouse, LLP, our Oconomowoc, WI criminal defense lawyers have over 50 years of combined experience. We have successfully defended against felony fraud charges in the past, so you can rely on us to provide you with an aggressive defense in court.

What Offenses Are Related to Identity Theft in Wisconsin?

Identity theft is a broad term that encompasses a variety of offenses.

Unauthorized Use of an Individual's Personal Identifying Information

There are multiple types of ID numbers and records that a person may use to verify their identity or engage in financial transactions. Some of this identifying information may include:

• A person’s contact information, such as name, address, and phone number
• A driver’s license number
• A Social Security number
• Employment records
• A taxpayer identification number
• Bank account numbers
• Biometric data
• Verifying information, like a mother’s maiden name

Possessing, using, or attempting to use personal identifying information without the person's permission is a criminal offense if it is done for monetary gain, to avoid criminal penalties, or with the intent to cause harm to the person. This offense is a Class H felony.

Unauthorized Use of the Identifying Information of a Business or Other Entity 

Similar to personal identifying information, multiple types of information may be used by a business to conduct transactions or engage in other activities. This includes the name, address, and phone number of a business, employer identification numbers, bank account numbers, or other unique data.

Possessing or using this information to gain something of value or harm a business's reputation is a Class H felony (Wisconsin Legislature 943.203).

Credit Card Theft or Fraud

In many cases, identity theft will involve the illegal use of someone else's credit cards. Examples that can result in criminal charges include:

• Acquiring a credit card or credit card number without the cardholder's consent
• Selling a person's credit card information to someone else
• Maintaining control over someone else's credit card account
• Using someone's credit card to make purchases 

This offense is generally charged as a Class A misdemeanor. However, knowingly receiving a credit card in someone else's name that was obtained illegally may result in Class I felony charges.

Fraud Against a Financial Institution

A person who commits identity theft may impersonate a bank or other financial institution with the intent of obtaining someone's personal identifying information. This may include sending emails or text messages that appear to come from a bank or credit card company to convince a person to reveal information such as a bank account number or Social Security number. This offense is a Class H felony.

How Does a Felony Conviction Affect Your Future in Wisconsin?

A felony conviction for identity theft can follow you long after your case ends. The penalties ordered by the court matter, but the damage often goes much further. A conviction can make it harder to find a job, rent an apartment, or qualify for certain professional licenses. Some employers may hesitate to hire someone with a fraud-related offense on his or her record. This is especially true for jobs that involve handling money, records, or personal information.

That is why these charges should never be treated lightly. Even when the accused person has no prior record, the long-term impact can be serious.

Can Identity Theft Result in Federal Charges in 2026?

Identity theft can sometimes lead to federal charges. Not every identity theft case ends up in federal court. Federal charges may apply if the conduct crossed state lines or involved a federal agency, a bank, the mail, wire transfers, or a larger fraud scheme. Federal prosecutors may also step in when investigators believe several people worked together.

Federal cases are often more complex than state cases. They may involve long investigations, large amounts of records, and multiple charges filed at the same time. In some situations, a person may face both identity theft allegations and other fraud-related offenses.

If federal authorities are involved, the risk becomes even greater. A person may face harsher penalties and more pressure from investigators. Seeking legal counsel early on is highly advisable in these cases, especially before statements are made or charging decisions are final.

Lack of Intent as a Defense in Wisconsin Identity Theft Cases

Intent is often a key issue in an identity theft case. Prosecutors usually need to prove that the accused person knowingly used someone else’s personal information for an unlawful purpose. That is not always as simple as it sounds. Mistakes happen. Names and account numbers can be entered incorrectly. A person may possess information without planning to use it illegally.

Authorization can also be an important part of the defense. In some cases, the defendant may have had permission to use the information. That may include access to an account, a purchase, family records, or identifying details used for work or shared finances.

A defense based on lack of intent focuses on what the person actually knew and meant to do. If the evidence does not clearly show a plan to deceive, steal, or commit fraud, the prosecution may have trouble proving its case beyond a reasonable doubt.

Contact Our Waukesha County, WI Criminal Defense Attorneys

If you are facing allegations of identity theft, it is crucial to seek the guidance of a criminal defense lawyer who can represent your interests in legal proceedings. At Bucher, Wolff & Sonderhouse, LLP, our Oconomowoc, WI identity theft defense lawyers are local and know how to work with judges.

Contact us at 262-232-6699 to arrange a free consultation today. We’re available 24/7 to provide you with the support you need.